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STATE v. SMITH

Nos. 107,836, 107,837.

303 P.3d 716 (2013)

STATE of Kansas, Appellee, v. Benjamin SMITH, Appellant.

Court of Appeals of Kansas.

June 7, 2013.

Attorney(s) appearing for the Case

Christina M. Kerls , of Kansas Appellate Defender Office, for appellant.

Jeffery S. Adam , assistant county attorney, Ellen Mitchell , county attorney, and Derek Schmidt , attorney general, for appellee.

Before STANDRIDGE, P.J., HILL, J., and KNUDSON, S.J.

KNUDSON, J.

Benjamin Smith appeals the district court's denial of his motion for modification or correction of sentence. Smith claims: (1) His pre-1993 convictions for aggravated burglary and robbery were improperly classified as person felonies, and (2) his constitutional rights were violated when the district court increased his sentence based upon his prior criminal history when that history was not proven to a jury beyond a reasonable doubt. We do not find either...

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